Around November 5, 2019, our client was driving southbound on I-75 in Lucas County, Ohio, and slowed down for traffic in front of them. At the same time, the defendant was driving southbound on I-75 behind our client. As our client slowed down for traffic, the defendant failed to stop his vehicle, causing a rear-end collision.
At the scene of the accident, the defendant was cited for failing to maintain a safe following distance. After the crash, our client sought medical treatment for her injuries. At Charles E. Boyk Law Offices, our lawyers are working to obtain full compensation on behalf of our client.
Assessing the Defendants’ Negligence
The defendant had a duty to operate his vehicle lawfully and safely under local traffic laws. The defendant breached this duty by operating his vehicle in a manner that could cause injury to others. The defendant failed to maintain an assured clear distance given the changing traffic conditions. The reckless driver’s traffic citation constitutes negligence per se, strengthening our client’s claim.
Furthermore, the negligent driver was employed by Garcia Surveyors at the time of the accident. Garcia Surveyors breached their duty to exercise reasonable care by entrusting the negligent driver with their vehicle.
Damages Caused by the Defendants’ Negligence
As a direct and proximate result of the defendants’ negligent actions, our client sustained serious injuries, including injuries to her neck, back, head, and numbness in her hands. These injuries required our client to undergo medical care, incurring economic and non-economic losses.
Our client also incurred great pain, suffering, severe mental anguish, and emotional distress. She believes that these injuries are permanent, requiring future medical care and expenses. Our client will also continue to experience a great deal of pain and suffering.
Additionally, our client’s spouse is filing for loss of consortium. Since the accident, he has been deprived of love, affection, services, consortium, and society of their spouse. His ability to carry on normally and his quality of life have suffered as a result of the defendant’s negligence.
Pursuing an Uninsured/Underinsured Motorist Claim
At the time of the accident, the defendants did not have adequate liability coverage to address our client’s injuries and economic and non-economic losses. Fortunately, our client was covered by uninsured and underinsured motorist coverage included in their policy through Wayne Mutual.
As such, she is pursuing an uninsured/underinsured motorist claim with their insurer. Our team is seeking to obtain a declaratory judgment to allow our client to be covered under the Wayne Mutual Insurance Company’s policy.
Contact a Skilled Attorney Today
Companies have a duty to properly train employees. If you have suffered a rear-end collision due to the negligence of a commercial driver, it is important to contact a lawyer. The attorneys at Charles E. Boyk Law Offices can evaluate your case and help you fight for the compensation you need and deserve. To discuss your legal options, contact our team today.